What is Negligence in an Injury Case?

Negligence is a fancy word for careless.  The legal definition is:

“Negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circum­stances.”

Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do some­thing that a reasonably careful person would do under like circumstances.”  Florida Civil Jury Instruction 401.4

Assuming that the defendant is collectible, the first step to determining whether you have a viable personal injury case is to determine if the defendant was negligent.

If the defendant was not negligent, then you do not have a worthwhile personal injury case and you should not expect to get any money from the Defendant.

I wrote another article that just talks about negligence in car, motorcycle and truck accident cases.

Example of Negligence – Slip and Fall Case

Fred (not real name) was shopping.  He was injured when he slipped and fell on a dirty, smudgy substance on the floor of a Miami supermarket.

Fred was taken to the hospital.  He later had 2 skin grafts on his leg.

Fred claimed that the supermarket was negligent because had they inspected the floors more frequently, then they would have known of the substance on the floor and should have taken action to remedy it.

Florida Statute 768.0755 requires the injured person must prove that the business establishment had actual notice or constructive knowledge of the dangerous condition and should have taken action to fix it.  

The supermarket produced a signed inspection log which had an employee’s initials indicating that the floor was inspected at least 25 minutes before Fred fell.

Analysis

In the Example #3, did the supermarket fail to use reasonable care in maintaining its floors?  It depends on whether the jury believes Fred’s description of the floor or the supermarket’s description.

The jury will determine whether the supermarket was negligent.  A claims adjuster will use this as one factor when calculating the settlement value of Fred’s case.

Next Step – Determine Legal Cause

In this example, the supermarket may have been negligent.  The next step is to determine whether the supermarket’s negligence was the legal cause of damage to Fred.

I settled this case for $300,000, but that was because the claims adjuster felt that the supermarket’s negligence was the legal cause of Sean’s leg injury.

The next step is to determine whether the at fault party’s negligence caused your injuries.

How Long Do You Have to Sue for Negligence in Florida?

The time limit for a lawsuit founded on negligence in Florida is usually four (4) years, but there are many exceptions.

Did someone’s carelessness cause your injury in an accident in Florida, or on a cruise or boat? 

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Editor’s Note: This post was originally published in July 2014 and has been completely revamped and updated.